Delhi High Court Denies Anticipatory Bail To Man Accused Of Giving Fake COVID-19 Report For Release Of His Son On Interim Bail

The Delhi High Court has denied anticipatory bail to a man accused of giving fake Covid-19 report for the purpose of release of his son from jail on interim bail.

Justice Anu Malhotra observed that his custodial interrogation was required to trace out the links in the chain of the alleged conspiracy for making of false COVID-19 report and recovery of devices used for making the same.

"... the interim bail application is thus rejected and the interim protection granted vide order dated 7.9.2021 and extended thereafter is withdrawn. The case diary of the State is directed to be returned," the Court added.

The applicant was seeking anticipatory bail in an FIR registered under Sections 120B (criminal conspiracy), 198 (Using as true a certificate known to be false), 199 (False statement made in declaration which is by law receivable as evidence), 200 (Using as true such declaration knowing it to be false), 420 (Cheating), 468 and 471 (Forgery) of IPC.

An interim bail application was filed by Yogesh, the applicant's son, accused in a MCOCA case seeking grant of interim bail on the ground that his father, the applicant, had tested positive for COVID-19.

On verification directed by the Trial Court, it was found that the COVID-19 report was forged and the original report was negative.

The counsel appearing for the applicant's son submitted before the Court that one person named Gaurav had referred to him the interim bail application of Yogesh and had sent a medical certificate confirming that the applicant was COVID positive. Later, during investigation, Gaurav disclosed that the source of the forged COVID report was the applicant himself.

A witness was also examined in the matter who disclosed that he had assisted the applicant for his COVID test and that a negative report was received by him.

It was thus the case of applicant that there was no evidence that has been collected by the Investigating Agency to show that he was involved in the user of a forged positive COVID report.

On the other hand, it was submitted by the State that it was essential to conduct an inquiry and investigation in relation to the alleged conspiracy entered into in the instant case for making of a false certificate.

"..as has been rightly submitted on behalf of the State that the applicant's presence is required through his custodial interrogation to trace out the links in the chain of the alleged conspiracy for making of the false COVID 19 report and recovery of devices used in making such a forged certificate and of its user in Court for such fraudulent purposes for release of his son Yogesh @ Tunda qua FIR No. 252/2018 Police Station Alipur under Sections 3 & 4 of the MCOC Act on interim bail on the fake premise that he, i.e., the applicant herein, was suffering from COVID 19," the Court said.

Accordingly, the matter was disposed of.

Case Title: RAJENDER SINGH v. THE STATE

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